---
kind: "range"
citation: "16 U.S.C. §§ 459–459a–3"
title: "16"
from: "459"
to: "459a–3"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/16/459..459a-3"
---

# §459. Cape Hatteras National Seashore Recreational Area; conditional establishment; acquisition of lands


When title to all the lands, except those within the limits of established villages, within boundaries to be designated by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior within the [area](/usc/16/539m–1.md?p=1-A) of approximately one hundred square miles on the islands of Chicamacomico, Ocracoke, Bodie, Roanoke, and Collington,[^1] and the waters and the lands beneath the waters adjacent thereto shall have been vested in the United States, said [area](/usc/16/539m–1.md?p=1-A) shall be, and is, established, dedicated, and set apart as a national seashore recreational [area](/usc/16/539m–1.md?p=1-A) for the benefit and enjoyment of the people and shall be known as the Cape Hatteras National Seashore Recreational [Area](/usc/16/539m–1.md?p=1-A): Provided, That the United States shall not purchase by appropriation of public moneys any lands within the aforesaid [area](/usc/16/539m–1.md?p=1-A), but such lands shall be secured by the United States only by public or private donation.


# §459a. Acceptance of donations; acquisition of property by purchase and condemnation


The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior is authorized to accept donations of land, interests in land, buildings, structures, and other property, within the boundaries of said national seashore recreational [area](/usc/16/539m–1.md?p=1-A) as determined and fixed hereunder and donations of [funds](/usc/16/1421h.md?p=2) for the purchase and maintenance thereof, the title and evidence of title to lands acquired to be satisfactory to the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior: Provided, That he may [acquire](/usc/16/620e.md?p=1) on behalf of the United States under any donated [funds](/usc/16/1421h.md?p=2) by purchase, when purchasable at prices deemed by him reasonable, otherwise by condemnation under the provisions of [section 3113 of title 40](/usc/40/3113.md), such tracts of land within the said national seashore recreational [area](/usc/16/539m–1.md?p=1-A) as may be necessary for the completion thereof.


# §459a–1. Administration, protection, and development; commercial fishing by residents; hunting


The administration, protection, and development of the aforesaid national seashore recreational [area](/usc/16/539m–1.md?p=1-A) shall be exercised under the direction of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior by the [National Park](/usc/16/410hhh–1.md?p=5) Service, subject to the provisions of the Act of August 25, 1916 (39 Stat. 535), entitled “An Act to establish a [National Park](/usc/16/410hhh–1.md?p=5) Service, and for other purposes”,[^1] as amended: Provided, That except as hereinafter provided nothing herein shall be construed to divest the jurisdiction of other agencies of the Government exercised on August 17, 1937, over Federal-owned lands within the [area](/usc/16/539m–1.md?p=1-A) of the said Cape Hatteras National Seashore Recreational [Area](/usc/16/539m–1.md?p=1-A): Provided further, That the provisions of the Federal Power Act [[16 U.S.C. 791a](/usc/16/791a.md) et seq.], shall not apply to this national seashore recreational [area](/usc/16/539m–1.md?p=1-A): And provided further, That the legal residents of villages referred to in [section 459 of this title](/usc/16/459.md) shall have the right to earn a livelihood by [fishing](/usc/16/7901.md?p=b) within the boundaries to be designated by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, subject to such rules and regulations as the said [Secretary](/usc/16/410r–5.md?p=c-1) may deem necessary in order to protect the [area](/usc/16/539m–1.md?p=1-A) for recreational use as provided for in [sections 459 to 459a–3](/usc/16/459..459a–3.md) of this title: And provided further, That hunting shall be permitted, under such rules and regulations as may be prescribed by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior in conformity with the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755) [[16 U.S.C. 703](/usc/16/703.md) et seq.], as follows: (a) Upon the waters of the sounds included within the national seashore recreational [area](/usc/16/539m–1.md?p=1-A), (b) in the [area](/usc/16/539m–1.md?p=1-A) north of the Currituck County line, (c) on Ocracoke Island, and (d) within not more than two thousand acres of land in the remaining portion of said national seashore recreational [area](/usc/16/539m–1.md?p=1-A), as shall be designated by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior; except on lands and waters included in any existing or future wildlife or migratory bird refuge and adjacent closed waters.


# §459a–2. Preservation of natural features; acquisition of additional property; reversion of property on failure of conditions


Except for certain portions of the [area](/usc/16/539m–1.md?p=1-A), deemed to be especially adaptable for recreational [uses](/usc/16/410hhh–1.md?p=10), particularly swimming, boating, sailing, [fishing](/usc/16/7901.md?p=b), and other recreational activities of similar nature, which shall be developed for such [uses](/usc/16/410hhh–1.md?p=10) as needed, the said [area](/usc/16/539m–1.md?p=1-A) shall be permanently reserved as a primitive [wilderness](/usc/16/460mmm–1.md?p=6) and no development of the [project](/usc/16/410r–5.md?p=c-4) or plan for the convenience of visitors shall be undertaken which would be incompatible with the preservation of the unique flora and fauna or the physiographic conditions now prevailing in this [area](/usc/16/539m–1.md?p=1-A): Provided, That the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may, in his discretion, accept for administration, protection, and development by the [National Park](/usc/16/410hhh–1.md?p=5) Service a minimum of ten thousand acres within the [area](/usc/16/539m–1.md?p=1-A) described in [section 459 of this title](/usc/16/459.md), including the existing Cape Hatteras [State](/usc/16/6456.md?p=2) [Park](/usc/16/410r–5.md?p=c-3), and, in [addition](/usc/16/410r–5.md?p=c-2), any other portions of the [area](/usc/16/539m–1.md?p=1-A) described in [section 459 of this title](/usc/16/459.md) if the [State](/usc/16/6456.md?p=2) of North Carolina shall agree that if all the lands described in [section 459 of this title](/usc/16/459.md) shall not have been conveyed to the United States within fifteen years from August 17, 1937, the establishment of the aforesaid national seashore recreational [area](/usc/16/539m–1.md?p=1-A) may, in the discretion of the said [Secretary](/usc/16/410r–5.md?p=c-1), be abandoned, and that, in the event of such abandonment, the said [State](/usc/16/6456.md?p=2) will accept a reconveyance of title to all lands conveyed by it to the United States for said national seashore recreational [area](/usc/16/539m–1.md?p=1-A). The lands donated to the United States for the purposes of [sections 459 to 459a–3](/usc/16/459..459a–3.md) of this title by parties other than said [State](/usc/16/6456.md?p=2) shall revert in the event of the aforesaid abandonment to the donors, or their heirs, or other [persons](/usc/16/450rr–1.md?p=b) entitled thereto by law.

In the event of said abandonment, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior shall execute any suitable quitclaim deeds, or other writings entitled to record in the proper [counties](/usc/16/544.md?p=d) of North Carolina stating the fact of abandonment, whereupon title shall revert to those entitled thereto by law and no further conveyance or proof of reversion of title shall be required.


# §459a–3. Migratory bird refuges not to be affected


Notwithstanding any other provisions of [sections 459 to 459a–3](/usc/16/459..459a–3.md) of this title, lands and waters on or after August 17, 1937, included in any migratory bird refuge under the jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture, within the boundaries of the national seashore recreational [area](/usc/16/539m–1.md?p=1-A) as designated by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior under [section 459 of this title](/usc/16/459.md), shall continue as such refuge under the jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture for the protection of migratory birds, but such lands and waters shall be a part of the aforesaid national seashore recreational [area](/usc/16/539m–1.md?p=1-A) and shall be administered by the [National Park](/usc/16/410hhh–1.md?p=5) Service for recreational [uses](/usc/16/410hhh–1.md?p=10) not inconsistent with the purposes of such refuge under such rules and regulations as the [Secretaries](/usc/16/410r–5.md?p=c-1) of the Interior and Agriculture may jointly approve. The proviso to [section 459 of this title](/usc/16/459.md) shall not limit the power of the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture to [acquire](/usc/16/620e.md?p=1) lands for any migratory bird refuge by purchase with any [funds](/usc/16/1421h.md?p=2) made available therefor by applicable law.